Inverworld, Inc., et al. - Page 114

                                                - 194 -                                                   
            1441(c), and they have not addressed whether LTD’s shareholders                               
            were engaged in trade or business within the United States.                                   
            Accordingly, we treat the issue as having been conceded by                                    
            petitioners.  Rybak v. Commissioner, supra at 566.  Because LTD                               
            is not eligible for exemption from withholding pursuant to                                    
            section 1441(c), LTD is a withholding agent pursuant to sections                              
            1441(a) and 7701(a)(16) and therefore must pay a 30-percent tax                               
            on the dividend.                                                                              
            D.    Whether LTD Is Entitled to Deductions                                                   
                  1.    Law                                                                               
                  A foreign corporation engaged in trade or business within                               
            the United States during the taxable year is allowed deductions                               
            from its section 882(a) income "only if and to the extent that                                
            such deductions are connected with income which is effectively                                
            connected with the conduct of a trade or business within the                                  
            United States".  Sec. 882(c)(1)(A).  The proper apportionment and                             
            allocation of such deductions are determined as provided in                                   
            regulations prescribed by the Secretary.  Id.                                                 
                  A foreign corporation receives the benefit of such                                      
            deductions "only by filing or causing to be filed with the                                    
            Secretary a true and accurate return, in the manner prescribed in                             
            subtitle F, including therein all the information which the                                   
            Secretary may deem necessary for the calculation of such                                      
            deductions".  Sec. 882(c)(2); see also sec. 1.882-4(b)(1), Income                             
            Tax Regs.  If a true and accurate return is not filed, "the tax                               





Page:  Previous  184  185  186  187  188  189  190  191  192  193  194  195  196  197  198  199  200  201  202  203  Next

Last modified: May 25, 2011